https://www.taxtmi.com/caselaws?id=246075 A contractual clause amounts to an arbitration agreement only if it shows a clear intention to refer present or future disputes to a private adjudicatory forum for a binding decision. A provision empowering the engineer to settle disputes only until completion of the works, without a procedure reflecting judicial determination or natural justice, does not satisfy that test. Clause 4.1, which reserved disputes to a competent court at Bangalore, reinforced that the parties intended civil court adjudication rather than arbitration. The SC therefore held that clause 48 was not an arbitration clause and that appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 was unsustainable. en-us Mon, 07 Apr 2014 00:00:00 +0530 Wed, 16 Apr 2014 11:03:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=246075 A contractual clause amounts to an arbitration agreement only if it shows a clear intention to refer present or future disputes to a private adjudicatory forum for a binding decision. A provision empowering the engineer to settle disputes only until completion of the works, without a procedure reflecting judicial determination or natural justice, does not satisfy that test. Clause 4.1, which reserved disputes to a competent court at Bangalore, reinforced that the parties intended civil court adjudication rather than arbitration. The SC therefore held that clause 48 was not an arbitration clause and that appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 was unsustainable. Case-Laws Companies Law Mon, 07 Apr 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=246075